HC Deb 18 January 1984 vol 52 cc315-6
32. Lord James Douglas-Hamilton

asked the Solicitor-General for Scotland when he next intends to meet the members of the Scottish Law Commission.

The Solicitor-General for Scotland

Neither I nor my noble and learned Friend the Lord Advocate have any meetings arranged, but both formal and informal meetings are held from time to time as necessary.

Lord James Douglas-Hamilton

Is my hon. and learned Friend aware that the Scottish Law Commission Bill—the Law Reform (Husband and Wife) (Scotland) Bill—has been introduced with support from both sides of the House? Will he be prepared to give it his support?

The Solicitor-General for Scotland

Yes. I am most grateful, and the House should be grateful, to my hon. Friend for the steps that he has taken to introduce a Bill reforming the law relating to husband and wife. While the hon. Member for Dundee, East (Mr. Wilson) feels that we are not doing all that we might, it is significant that it should be my hon. Friend who has taken this step of introducing these changes following the publication of the Scottish Law Commission's report. I am pleased that Opposition Members, including the hon. Member for Glasgow, Cathcart (Mr. Maxton), have supported the measure. I trust that the Bill will enjoy the support not just of its sponsors when it comes before the House on Friday, but all hon. Members.

Mr. Maclennan

Why are the Government allowing the matter to be handled by a private Member rather than, as in England and Wales, treating it as a Government issue? Is it a sign that the Scottish legislative process is so clogged up with other measures that it has to be left to a private Member to take action?

The Solicitor-General for Scotland

No, not at all. It is that the Conservatives have a prominent Back Bencher who is prepared to read Scottish Law Commission reports and who realises that there is an opportunity for him to introduce a reform which the Commission has advocated. I hope that when the Bill is before the House on Friday it will enjoy the support of all hon. Members.

Mr. Dewar

The hon. Member for Caithness (Mr. Maclennan) was referring to a completely different set of provisions. We are awaiting the Government's decision on the Law Commission's recommendations on the financial settlements on divorce, about which the English are already legislating, although the English Law Commission's report was introduced at about the same time as the Scottish Law Commission's report. I recognise that there are different issues, but we need decisions. When can we expect them?

The Solicitor-General for Scotland

This is a difficult matter. If I recollect accurately, the shadow Secretary of State for Scotland was reported in the Scottish press as saying, "Oh! This is a hot potato." The Conservative party's general election manifesto said that the matter required reform. The report is different from the one prepared south of the border. The hon. Gentleman recognises, from his interest in these matters, as do other Scottish Members, that, although there may be great interest in the Scottish Law Commission's proposals, there are as many organisations in Scotland hostile to the scheme as there are those in favour of it.